Court emphasizes the stringent criteria for granting anticipatory bail to absconding individuals under new legal provisions
In a significant ruling, the Allahabad High Court has denied anticipatory bail to Mashu @ Aman Joshi, accused of abetting suicide through mental cruelty and false promises of marriage. The judgment, delivered by Justice Vivek Kumar Singh, underscores the legal stance that anticipatory bail cannot be granted to individuals who are absconding or declared as proclaimed offenders, unless under rare and exceptional circumstances.
The case stems from an FIR lodged on February 1, 2026, at Police Station Chhatta, District Agra, accusing Joshi of establishing a physical relationship with the victim under the false pretense of marriage. Upon discovering Joshi's marital status, the victim reportedly faced threats and continuous mental cruelty, eventually leading to her suicide on January 31, 2026. The post-mortem confirmed asphyxia due to ante-mortem hanging.
Despite Joshi's claim of innocence and assertions that the allegations were false, the court highlighted his non-compliance with court orders and investigation processes. Joshi had previously filed a writ petition to quash the FIR, which was dismissed with an opportunity to apply for bail. However, he failed to appear before the court or cooperate with the investigation, resulting in proceedings under Section 82 of Cr.P.C., declaring him a proclaimed offender.
Justice Singh referenced several Supreme Court judgments, including Prem Shankar Prasad v. State of Bihar and Lavesh v. State (NCT of Delhi), reiterating that absconding individuals are not entitled to anticipatory bail. The court emphasized that anticipatory bail is an extraordinary remedy granted only in exceptional cases where justice demands it, and not as a matter of rule.
The judgment further cited legal precedents affirming that granting anticipatory bail in serious cases could lead to miscarriage of justice and hamper investigations. The court concluded that Joshi's deliberate disregard for legal processes disqualified him from receiving anticipatory bail relief.
This ruling serves as a reminder of the judiciary's cautious approach in exercising its extraordinary powers under the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Criminal Procedure Code, emphasizing the need for compliance with legal procedures and cooperation with investigations.
Bottom line:-
Anticipatory bail cannot be granted to an accused who is absconding, declared as a proclaimed offender, and fails to cooperate with the investigation.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 108, Section 528, Criminal Procedure Code (Cr.P.C.) Section 82, Section 438
Mashu @ Aman Joshi v. State of U.P., (Allahabad) : Law Finder Doc id # 2940470
